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(11) Operation of a pain management clinic or pharmacy in a manner which <br />allows, permits or encourages persons to stand, sit (including inside parked cars), <br />gather or loiter in or about the clinic's parking area, for a period of time exceeding <br />that which is reasonably required to arrive and depart the parking area, and to walk <br />to and from the parking area and the clinic; <br />(12) Continued leasing or permitted use of a property or structure which is used <br />as a pain management clinic or pharmacy if (a) the landlord or property owner <br />knows or, through the exercise of reasonable care should know, that the clinic or <br />pharmacy is being operated in violation of applicable law, and (b) despite the <br />passage of a reasonable period of time to do so, the landlord or property owner <br />has failed or refused to take reasonable measures to stop or prevent the continued <br />illegal activity on the premises; <br />(13) Failure to advise the department of any change in any information, <br />statements, facts or circumstances, as required by subsection 315.04(10); <br />(14) Cultivation, administration Admwnistrat. or consumption of marijuana at a <br />pain management clinic, including but not limited to Medical Marijuana Treatment <br />Centers; or <br />(15) Operating a medical marijuana treatment center that is not wholly owned <br />and operated by one (1) or more: <br />a. Board-certified anesthesiologists, physiatrists, or neurologists; or <br />b. Board-certified medical specialists who have also completed fellowships in <br />pain medicine approved by the Accreditation Council for Graduate Medical <br />Education or the American Osteopathic Association or who are also board- <br />certified in pain medicine by a board approved by the American Board of <br />Medical Specialties or the American Osteopathic Association and perform <br />interventional pain procedures of the type routinely billed using surgical <br />codes. <br />(16) Cultivation of marijuana, except as specifically authorized per section <br />381.986, Florida Statutes. <br />Section 4. Codification. It is the intention of the Board of County Commissioners that <br />the provision of this ordinance shall become and be made part of the Indian River County <br />Code, and that the sections of this ordinance may be renumbered or re -lettered and the <br />word ordinance may be changed to section, article or such other appropriate word or <br />phrase in order to accomplish such intention. <br />Section 5. Severability. If any part of this ordinance is held to be invalid or <br />unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall <br />not be affected by such holding and shall remain in full force and effect. <br />5 <br />